Court No. - 3 Case :- MISC. SINGLE No. - 4321 of 2010 Petitioner :- Arun Kumar Shriwastava S/O Parameshwar Nath Shriwastava Respondent :- State Of U.P. Thru District Magistrate/Collector,Faizabad & Petitioner Counsel :- D.N. Tripathi Respondent Counsel :- C.S.C.,Vinay Shanker Hon'ble Shri Narayan Shukla,J.
Heard Mr.D.N. Tripathi, learned counsel for the petitioner, learned
Standing counsel for opposite parties 1 to 3 and Mr. Vinay Shankar, learned
counsel for the opposite party no. 4.
The petitioner is aggrieved with the certificate of recovery dated 10th of
June, 2010 to show a amount due as Rs. 3,29,583/-.
Though the petitioner does not dispute the liability of loan, but since he
is not capable to pay the whole amount in lump sum, he seeks permission of
this court to pay the same in instalments.
Considering the facts and circumstances of the case, I stay the
recovery proceedings initiated against the petitioner, provided the petitioner
deposits 1/4 of the aforesaid amount within a period of three months from
today and rest of the amount shall be deposited in six quarterly instalments.
The first instalment shall become due on 3rd of February, 2011 and
accordingly the petitioner shall continue to deposit the rest of the instalments
with up to date interest with the Bank. On payment of last instalment, the
bank concerned provide the statement of account regarding the balance
amount, which shall be paid by the petitioner within next three months. After
deposit of ¼ of the amount as provided here-in-above, in case the petitioners’
tractor has been attached in the recovery proceedings, the same shall be
released forthwith. In case the petitioner has made certain payments, and the
adjustment of which has not been made in the amount demanded, it will be
open to the petitioner to give proof of the same to the Bank and if such a proof
is given, the Bank shall adjust the said amount.
In case the petitioner commits any default in complying with any of the
aforesaid conditions, the benefit of this order would not be available to the
petitioner and it will be open to the opposite parties to realize the entire amount
due in accordance with law.
With the above directions, the writ petition is disposed of finally.
Order Date :- 3.8.2010